Immigration-Related Discrimination Claims Settled by the DOJ : Immigration Law Blog

On August 25, the Division of Justice (“DOJ”) introduced that it has settled an immigration-related discrimination declare with Ascension Well being Alliance (“Ascension”), a Missouri-based healthcare group with greater than 2,600 websites – together with 146 hospitals and greater than 40 senior residing services – unfold out over 19 states and the District of Columbia.

Ascension violated the Immigration and Nationality Act (INA) when it discriminated towards work-authorized non-U.S. residents based mostly on their citizenship standing. Ascension required extra or totally different paperwork than had been obligatory when these staff tried to reverify their continued work authorization.

Ascension Discriminated Towards Non-U.S. Citizen Staff

The division’s investigation decided that Ascension made an automated request that its non-U.S. citizen staff present new paperwork to show their continued work authorizations, even in conditions the place it was not required. Ascension, utilizing a custom-made employment eligibility verification software program program, electronically accomplished the shape I-9. The software program additionally tracked the expiration dates of non-U.S. citizen worker paperwork. The investigation revealed that Ascension improperly programmed the software program to ship automated e-mails requesting continued work authorization to all non-U.S. citizen staff, together with U.S. nationals, lawful everlasting residents, asylees, and refugees.

In response, the non-U.S. residents promptly offered paperwork that didn’t require verification of employment eligibility. In some situations, Ascension additional required non-U.S. citizen staff to supply new eligibility paperwork as a way to proceed working. In distinction, such e-mails weren’t despatched to U.S. residents and, due to this fact, they didn’t notify U.S. residents who had been approaching the expiration of their paperwork.

“Employers are reminded that whereas software program applications could appear environment friendly, there may be nonetheless a duty to make sure that programming selections don’t lead to discrimination,” mentioned Assistant Legal professional Normal Kristen Clarke of the Justice Division’s Civil Rights Division. “This settlement makes clear that the Justice Division will vigorously implement federal civil rights legal guidelines and maintain employers accountable if their software program ends in illegal discrimination.”

The Settlement

The settlement requires Ascension to pay the U.S. a civil penalty of $84,832.00. Moreover, Ascension will educate its staff on the necessities of the INA’s anti-discrimination provision. This can embrace offering staff with the Immigrant and Worker Rights Part (IER).          

INA’s Anti-Discrimination Provision

Federal regulation permits all work-authorized people, no matter their immigration standing, to decide on which legitimate, legally acceptable documentation to current to show the worker’s authorized work authorization standing. Non-U.S. citizen staff like lawful everlasting residents, refugees, and asylees, amongst others, have work authorization that doesn’t expire for a few years. Such staff are eligible to make use of a number of kinds of paperwork as proof of labor authorization, similar to driver’s license, unrestricted social safety card, and many others.

The Civil Rights Division’s Immigrant and Worker Rights Part (IER) is the company chargeable for implementing the INA’s anti-discrimination provision. The INA prohibits discrimination based mostly on citizenship, immigration standing, or nationwide origin, in hiring, firing, or recruitment or referral for a payment. The statute additionally prohibits unfair documentary practices and retaliation and intimidation.

To study extra about this weblog submit or when you have some other immigration considerations, please be at liberty to contact me at rglahoud@norris-law.com or (484) 544-0022.